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5.INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of tis Agreement, be construed to be an independent <br />Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Contractor perfomis the services which are <br />the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided <br />in a manner consistent with all applicable standards and regulations governing such services. Contractor <br />shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar <br />taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />6.OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, <br />or sublicense any and all copyrights, designs, and other intellectual propeity embodied in plans, <br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any <br />tangible medium of expression, including but not limited to, physical drawings or data magnetically or <br />otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor <br />under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in <br />writing that City is granted a non-exclusive and perpetual license for any Documents & Data the <br />subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the <br />iegal right to license any and all Documents & Data. Contractor makes no such representation and <br />warrarity in regard to Documents & Data which were provided to Contractor by the City. City shall not <br />be lirnited in any way in its use of the Documents and Data at any time, provided that any such use not <br />witliin the purposes intended by this Agreement shall be at City's sole risk. <br />All materials or copyrights held by the paities previous to the agreement shall remain property of <br />theoriginalowner. Noextensionoflicenseandrightsofpre-existingpropertyshallbeextendedorimplied <br />unless explicitly identified. <br />7.INSURANCE <br />Contractor shall procure and maintain for the duration of the contract insurance against claims for <br />injuries to persons or damages to property wich may arise from or in connection with the perfoimance <br />of the work hereunder and the results of that work by the Contractor, his agents, representatives, <br />employees or subcontractors. <br />MINIMUM SCOPE OF INSURANCE <br />Coverage shall be at least as broad as: <br />1. Commercial General Liability (CGL): Insurance Services Office Foim CG 00 01 covering CGL <br />on an "occurrence" basis, including products and completed operations, property damage, bodily <br />injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregate limit shall apply separately to this <br />project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required <br />occurrence limit.